N.D. Cent. Code § 12-44.1-28
This is the official text of N.D. Cent. Code § 12-44.1-28, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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12-44.1-28. Correctional facility files and records confidentiality
Official statutory text
12-44.1-28. Correctional facility files and records confidentiality
1. The medical, psychological, and treatment records of an inmate are confidential and
may not be disclosed directly or indirectly to any person, organization, or agency,
except as provided in this section. A court may order the inspection of the records, or
parts of the records, upon an application to the court and a showing that there is a
proper and legitimate purpose for the inspection and the provision of written
authorization from the inmate for the inspection. Notwithstanding any other provision of
law relating to privilege or confidentiality, except for the confidentiality requirements of
federal drug and alcohol treatment and rehabilitation laws, medical, psychological, or
treatment records may be inspected by or disclosed to the following persons,
organizations, or agencies without prior authorization from the inmate or an order from
the court:
a. A criminal justice agency as defined in subsection 4 of section 44-04-18.7.
b. A division, department, official, or employee of the department of corrections and
rehabilitation.
c. A federal, state, regional, county, or municipal correctional facility receiving
physical custody of an inmate from the original correctional facility.
d. A municipal or district court.
e. The department of health and human services, a public hospital or treatment
facility, or a licensed private hospital or treatment facility.
2. a. A person, agency, or institution governed by statutory confidentiality requirements
and receiving information or records under this section shall maintain the
confidentiality requirements.
b. Except as provided in subdivision a, a person, organization, or agency receiving
confidential records under subsection 1 may not redisclose the records and must
maintain the confidentiality of the records.
3. The employment or work release status of an inmate is an open record.
4. Records with respect to inmate identification, charges, criminal convictions, bail
information, and intake and projected release dates are open records.
5. Records with respect to a sentenced inmate's institutional discipline and conduct and
protective management are exempt records as defined under section 44-04-17.1.
6. Institutional discipline and conduct and protective management records of all other
inmates are confidential records and may only be disclosed as provided in
subsection 1.
1. The medical, psychological, and treatment records of an inmate are confidential and
may not be disclosed directly or indirectly to any person, organization, or agency,
except as provided in this section. A court may order the inspection of the records, or
parts of the records, upon an application to the court and a showing that there is a
proper and legitimate purpose for the inspection and the provision of written
authorization from the inmate for the inspection. Notwithstanding any other provision of
law relating to privilege or confidentiality, except for the confidentiality requirements of
federal drug and alcohol treatment and rehabilitation laws, medical, psychological, or
treatment records may be inspected by or disclosed to the following persons,
organizations, or agencies without prior authorization from the inmate or an order from
the court:
a. A criminal justice agency as defined in subsection 4 of section 44-04-18.7.
b. A division, department, official, or employee of the department of corrections and
rehabilitation.
c. A federal, state, regional, county, or municipal correctional facility receiving
physical custody of an inmate from the original correctional facility.
d. A municipal or district court.
e. The department of health and human services, a public hospital or treatment
facility, or a licensed private hospital or treatment facility.
2. a. A person, agency, or institution governed by statutory confidentiality requirements
and receiving information or records under this section shall maintain the
confidentiality requirements.
b. Except as provided in subdivision a, a person, organization, or agency receiving
confidential records under subsection 1 may not redisclose the records and must
maintain the confidentiality of the records.
3. The employment or work release status of an inmate is an open record.
4. Records with respect to inmate identification, charges, criminal convictions, bail
information, and intake and projected release dates are open records.
5. Records with respect to a sentenced inmate's institutional discipline and conduct and
protective management are exempt records as defined under section 44-04-17.1.
6. Institutional discipline and conduct and protective management records of all other
inmates are confidential records and may only be disclosed as provided in
subsection 1.
Status: in_force · Read it on the official government site
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